My article in Public Administration has been published in ‘early view’ format.
You can find it here: or use the article Digital Object Identifier (DOI) – 10.1111/padm.12534 to search for and cite this article.
I was interviewed a couple of weeks back by the Belgian newspaper De Standaard as to how Facebook might be regulated. You can find the article here. I tried out a couple of ideas I am thinking about for the book for Routledge that I am currently working on.
Alternatively, if you don’t speak Dutch (nor do I!), the translation is below:
After the Cambridge Analytica scandal, the last few days there have been calls to regulate Facebook. But how do you do that?
Europe already has a lot of rules and regulations that restrict Facebook. And of course Facebook will also be subject to the GDPR, the new privacy legislation that will come into force at the end of May. Europe also wants internet companies to act more quickly against hate messages. And there is the controversial proposal to impose a special tax on the turnover of large internet companies.
“It’s patchwork,” says Leighton Andrews, a professor at Cardiff University and a senior manager at the BBC and minister in the Wales Regional Government. He is one of the academics who have made proposals in recent years for a real legal framework for the internet giants Facebook and Google. ‘This is a new kind of business, so we also have to regulate it in a new way.’
Medium or utility?
Many in the media sector see Facebook and Google as competitors, and would like to see that they are considered media companies. That would impose clearer obligations on them when passing on news reports. But Andrews and others think that you should compare Facebook with a public utility such as electricity, water, or telephone. “Because of the enormous scale and power of Facebook and Google, no one will ever build a new Facebook or a new Google,” says Andrews. ‘De facto they are a utility company. A piece of essential social infrastructure. And most countries regulate their essential infrastructure.’
Andrews calls Facebook a utility company of a new order: an information utility. This must be supervised by a specialized regulator. He compares the situation with the moment that the British telecom giant BT was privatized. In order to avoid BT becoming too powerful, it was stipulated, among other things, that it was not allowed to venture onto the TV market.
In the same way, Facebook could be forbidden to develop certain activities. Or could thresholds be defined – such as: how many percent of the advertising market can the company get?
According to Andrews, Facebook should also report on a regular basis to a special regulator, as the telecom in our country is regulated by the BIPT and the media in Flanders by the VRM.
Two American authors, David Gunton and Justin Hendrix, presented a somewhat less far-reaching model last week, with an emphasis on transparency. “We propose that Facebook should register as a social media platform and report publicly every quarter,” Gunton, a lecturer at the University of Georgia, summarizes via e-mail. ‘Among other things about their privacy practices. The public can then decide informed, and perhaps Facebook will behave better ‘. Gunton and Hendrix propose that the existing market regulator FTC exert control.
In the report that Facebook should submit, a signed statement from CEO Mark Zuckerberg should also state that his company complies with legal obligations. The social networks should also open up their computer systems to external researchers, so that they can check whether all rules are being respected. Gunton and Hendrix believe that the US also need its own privacy legislation ‘based on the European’.
The big internet companies have always maintained that they can keep themselves under control – self-regulation, no laws was the motto. After the Cambridge Analytica scandal, Zuckerberg suddenly said he was not against regulation. He knows from where the wind blows. ‘The question is rather what the right regulation is’, he added in a recent interview. He explicitly referred to the Honest Ads Act, the bill that states that Facebook must disclose who paid for a political advertisement. Now that Zuckerberg has been called on the floor at the American Congress, chances are that there will be far more far-reaching proposals.
But can we allow companies such as Facebook, Google, Amazon and Apple to exist in their current form? The American professor Scott Galloway, author of the book The Four, thinks that because of their enormous power, they stifle the functioning of the free market, and that they have to be split up. According to Galloway, Facebook has to be divided into three companies: Instagram, Whatsapp and the social network Facebook. He has for the time being few supporters, but it is not out of the blue: telecom giant AT & T was once divided, and Microsoft barely escaped it in 1999.
The American antitrust think tank The Open Markets Institute goes one step further in an opinion piece in The Guardian: Facebook’s advertising department also has to become a separate company. And on top of that, the US must enforce strict privacy rules. Remarkable: The Open Markets Institute is also pushing the GDPR, the new European privacy legislation, forward as an example for the US.
I contributed to a seminar in July held jointly by the LSE CARR centre and TELOS at King’s College. Our position papers are now available here: Algorithmic-Regulation-Sep-2017
Twenty years ago this September, the people of Wales voted in favour of having their own National Assembly. It’s the only political institution the people of Wales have ever voted to have. This week we have published our report on how the National Assembly can deepen its relationship with the people of Wales through digital communications and social media.
Our focus has been on the Welsh citizen – the potential user of the Assembly platform and services. Our starting point is that all Assembly communications should be designed with a citizen/user interest at their heart, with a presumption of Open Data, seeking to build long-term relationships with the citizens of Wales.
In our report we set out how the National Assembly can use modern digital communication and social media channels to identify what people are thinking and concerned about, to collect evidence, information and opinion, and to engage in real-time with people in local communities and communities of interest. The same media can then allow the Assembly to share with citizens directly how their elected representatives, individually and collectively, are seeking to respond to those issues.
Our proposals in some areas are radical. We want the Assembly, its Members and staff, to understand that they are content creators: the Assembly is a content platform which captures facts, information, data, commentary, opinion, and analysis, both written and audiovisual, that leads – or sometimes consciously doesn’t lead – to action. Properly organised, this is a profound, valuable and democratic digital space which reflects the nation’s conversations about the issues which are of most concern to it. It should be innovative, creative, and inspirational.
Our group contained people with a diverse range of relevant skills, including the media, education, digital content and social media developments, which has enabled us to make practical proposals for improving the Assembly’s operations.
Our recommendations are diverse. They include these suggestions:
We also recommend that the 20th anniversary of the Assembly opening in 2019 is at the heart of a campaign to promote the stories of devolution, and recommend to the Llywydd that she consider organising A Festival of Welsh Democracy to coincide with that anniversary.
In voting for a National Assembly twenty years ago, the people of Wales created a new democratic institution operating, it is fair to say, in a fragmented public sphere. Though the National Assembly was born at the time of digital developments in our media, in practice we built a new Welsh public polity in the absence of a coherent Welsh public sphere. It was not our job as a group to consider the Welsh media and its structural challenges – committees of the Assembly have been looking at those themselves. Our task was to help the National Assembly establish how best to build a deep, genuine and continuous dialogue with the people of Wales. This is our report. Let the debates begin!
I intend to buy a new car soon. My nine-year-old Saab can keep going for a while longer, but they don’t make Saabs anymore, the keys are falling to bits and the cost of buying and then programming a new key is disproportionate to the value of the car. The Saab I bought back in 2007 was equipped to run on both lead-free petrol and bio-ethanol – (once memorably described in the Guardian as a sort of ‘flammable muesli’) though the only petrol station I knew that supplied bio-ethanol soon dropped that option, and in any case early on there were serious questions raised about the ethics and sustainability of the product which continue today.
It’s worth considering the failure of the bio-ethanol option in the UK as those who subscribe to a technologically determined view of the future now seem to be out to persuade us that we will all be driven around in self-driving cars in the not-too-distant future. At a recent discussion at Cardiff’s Innovation Point on Educational Technology, the audience was asked if they expected to be riding in a self-driving car within ten years, five years, two years, or never. I believe I was the only person to opt for ‘never.’ I’ll come back to why I think that in due course.
A good summary of what the technological determinists claim was given by Simon Kuper in Saturday’s FT (my comments in brackets). Simon’s a good writer but this time round I found myself saying ‘I don’t agree with his take on this’:
Kuper also warns of job decimation in the automobile and associated industries from car manufacturers to taxi drivers to insurance companies. He acknowledges that ‘only 6 per cent of the biggest US cities’ (not sure what that 6% actually represents) have factored driverless cars into their long-term planning though industry experts expect driverless cars to be on our roads by 2020. (wait till there’s insurance against failure of autonomous cars)
Meanwhile, in the Harvard Business Review this month, the CEO of Nissan and Renault, Carlos Ghosn, sets out how these companies are planning for drivers to be able to choose whether to drive or not and explains why he isn’t scared of Tesla, Apple or Google parking their vehicles on his lawn. He says ‘I don’t hear anyone say “I love driving in traffic jams” or even on highways with miles and miles of road ahead’.
Well, personally, I do enjoy driving on highways with miles and miles of road ahead, particularly on French Autoroutes, though not so much on the A470. Has Ghosn never heard of Route 66 (https://roadtripusa.com/route-66/ ) and the romance that thousands if not millions have attached to that over the years? The song itself has been covered by Chuck Berry, the Rolling Stones and Natalie Cole.
But it’s not the determinists’ rejection of the human factor that drives my scepticism of driverless enthusiasm. Nor is it the aesthetic objection that driverless cars are ugly, outlined by Tyler Brule. After all, I guess if Apple gets involved, design will be a key factor . Nor the safety issues resulting from potential DDoS attacks on the Internet of Things with their dystopian nightmares of self-attacking cars (very Maximum Overdrive ) or state-sponsored Russian hackers running amok although these are real, terrifying and unresolved issues. Nor that, according to the FT, aggressive drivers see autonomous cars as easy prey. I expect there’s a video game for that. Presumably, being more of a luxury product, cars will have better security than cheap cameras, but little is ultimately impregnable.
Nor am I hostile to technological developments. I love my iPhone, iPad, Macbook Pro and digital technology generally. Though I realized as soon as I started this article that I would sound to some like the DCMS civil servant whom Damian Green once described to me in the mid-nineties (when he was working in John Major’s Policy Unit and I was working for the BBC), as someone who was ‘not quite convinced that television would catch on’.
I don’t doubt the innovation that is going on at Tesla, which announced last week that it has installed the hardware – a camera, ultrasonic and radar package – in its cars in preparation for when the software becomes available, which it will then download to you. Build and they will come? Maybe. After all, with an alleged $4.5 billion in government subsidies you’d hope that was true. Tesla’s pitch is clear:
Self-driving vehicles will play a crucial role in improving transportation safety and accelerating the world’s transition to a sustainable future. Full autonomy will enable a Tesla to be substantially safer than a human driver, lower the financial cost of transportation for those who own a car and provide low-cost on-demand mobility for those who do not.
Very few people in the field think that autonomy will be possible without a LIDAR sensor any time soon (LIDAR makes building a 3D model of your surroundings much easier), and very few think it will be possible even with LIDAR within 5 years. Many think 10 years (or longer) is more realistic. [LIDAR = Light- detection and ranging]
In the States, outline Federal policy on driverless cars has now been produced. You can watch a video on that here:
My objection to all this driverless car-cophony is that, as ever, it is putting the product before the people: the question shouldn’t be, how do we adapt cities to driverless cars, it should be, how do we ensure cities are liveable spaces and design transportation systems that help people live healthy, sustainable lives in those cities? To take a European city which has probably done more than most to achieve this goal, Copenhagen, where an estimated 40% commute to work by bike, it has been the investment in high-quality public transport systems – including driver-less light metro, by the way, and cycle-friendly routes – which matters.
That doesn’t mean Copenhagen isn’t thinking about the future of transport in its city: it’s thinking smartly about how to capture and use data, including mobile phone data, to continue its development as a sustainable and green city, with its intelligent traffic lights giving priority to buses and bicycles – not cars, driverless or otherwise. Focusing on cars, autonomous or not, will give you car-focused not people-focused solutions. Let’s focus on the human space, and develop the technology to make it more human, not focus on the technology as the pivot. Back in Wales, this guy has some good ideas too.
Back in the 1980s, the Welsh cultural critic Raymond Williams warned against the notion of ‘technological determinism’:
The basic assumption of technological determinism is that a new technology – a printing press or a communications satellite – ‘emerges’ from technical study and experiment. It then changes the society or sector into which it has emerged. ‘We’ adapt to it because it is the new modern way.[i]
In fact, argues Williams, there is always a social context for the development of a technology, and how technologies advance depends on the material and corporate interests of those who have developed the technologies. As John Gray subsequently argued, ‘new technologies never create new societies….they simply change the terms in which social and political conflicts are played out.’ When it comes to decisions on regulatory issues, corporations seek to co-opt regulators and politicians into a belief that the technological needs prescribe certain outcomes, or as Des Freedman puts it:
That there are no alternative paths and that resistance is futile because technological development is pre-determined. Technological determinism, therefore, is a discursive means of highlighting novelty and paving the way for structural changes that are seen to be necessary.[ii]
Or back to Tylor Brule again:
There’s also something rather depressing about all the hoo-ha surrounding driverless vehicles and the general demonisation of four wheels under private ownership. For starters, a car that does everything in automated fashion for the owner is yet another nail in the coffin for common sense, aiding and abetting in the abdication of responsibility for drivers, cyclists and pedestrians (or bringing a spike in lawsuits).
Second, it renders most of the taglines of the established carmakers completely redundant as they cower from lobbyists and the tech sector alike. And third, it’s eradicating all the sense of thrill and risk that makes it exciting to be human.
So, no, I don’t plan to be riding around in a driver-less car. Aside from my bike, which I’ve been pleased to ride into the university on many occasions since I started in September, I want a small, fuel-efficient car with great Bluetooth and a fabulous sound-system. Any recommendations?
[i] Raymond Williams, Towards 2000, 1985, p 129.
[ii] John Gray, ‘The sad side of cyberspace’, Guardian, 10 April 1995; Des Freedman, ‘A ‘Technological Idiot’? Raymond Williams and Communications Technology’, Information, Communication and Society, 5:3, 2002, p432